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MATTER OF DUBINSKY v. D'AMICO

304 A.D.2d 828 (2003)

759 N.Y.S.2d 139

In the Matter of JOSEPH DUBINSKY et al., Appellants, v. GLORIA D'AMICO et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided April 28, 2003.

Ordered that the proceeding is converted to an action for a judgment declaring that the medical malpractice action was properly commenced as adjunct to the guardianship proceeding, the notice of petition is deemed to be the summons, and the petition is deemed to be the complaint (see CPLR 103 [c]); and it is further,

Ordered that the judgment is reversed, on the law and as a matter of discretion, and it is declared that the medical malpractice action was properly...

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